- 1 - HC-KAR NC: 2025:KHC:26164 CRL.P No. 9623 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9623 OF 2025 BETWEEN: 1. DEVIKRUPA CHITS PRIVATE LTD. HAVING ITS REGISTERED OFFICE AT NO. 597, 10TH B CROSS, MAHALAKSHMIPURAM, BANGALORE- 560086 REP. BY RANJEET B MOHITE HAVING ITS FUNCTIONAL OFFICE AT NO. 342, 1ST FLOOR, DR. RAJKUMAR ROAD, 6TH BLOCK, RAJAJINAGAR, BANGALORE- 560010 REP. BY ITS DIRECTOR, MR. RANJEET B MOHITE …PETITIONER (BY SRI. CHETAN JADHAV.,ADVOCATE) AND: 1. DITSHREE COMMUNICATIONS, NO. 26/2, SIRIGANDHA COMPLEX, 1ST MAIN ROAD, KENGERI UPNAGAR, BENGALURU- 560060 REP BY ITS PROPRIETOR, SMT. RENUKA K. P. R. 2. SMT. RENUKA K.P.R. PROPRIETOR DITSHREE COMMUNICATIONS, NO. 26/2, SIRIGANDHA COMPLEX, 1ST MAIN ROAD, KENGERI UPNAGAR, BENGALURU- 560060 …RESPONDENTS Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26164 CRL.P No. 9623 of 2025 (NOTICE TO RESPONDENTS IS DISPENSED WITH) CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 28.08.2023 PASSED BY THE LD. XXVII ADDL. CMM, BENGALORE AND RESTORE THE PROCEEDINGS IN CC.NO.37389/2021 BEFORE THE LD. XXVII ADDL. CMM, BANGALORE TO THE STAGE AT WHICH THE CASE WAS PENDING AT THE TIME OF IMPUGNED ORDER. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the complainant in C.C.No.37389/2021 is directed against the impugned order dated 28.08.2023, whereby the Trial Court dismissed the complaint filed by the petitioner- complainant for non-prosecution. 2. Heard the learned counsel for the petitioner and perused the material on record. 3. For the order proposed, notice to respondents is dispensed with especially since the respondents had not - 3 - HC-KAR NC: 2025:KHC:26164 CRL.P No. 9623 of 2025 appeared before the Trial Court in the impugned proceedings. 4. A perusal of the material on record will indicate that, the petitioner instituted the suit proceedings against the respondents-accused in C.C.No.37389/2021 for the offence punishable under Section 138 of Negotiable Instruments Act, and the proceedings was listed before the Trial Court on 28.08.2023, on which date, the Trial Court, in the absence of the petitioner as well as his learned counsel dismissed the suit for default/non- prosecution. 5. In this context, in the light of the specific assertion on the part of the petitioner, that he did not appear before the Trial Court and take steps for service of summons to the respondents-accused was due to bona fide reasons, unavoidable circumstances and sufficient cause, I deem it just and appropriate by adopting justice oriented approach to set aside the impugned order and - 4 - HC-KAR NC: 2025:KHC:26164 CRL.P No. 9623 of 2025 restore C.C.No.37389/2021 on the file of the Trial Court and also issue further direction in which regard. 6. In the result, I pass the following: ORDER i) The petition is hereby allowed; ii) The impugned order dated 28.08.2023 is hereby set aside. C.C.No.37389/2021 is restored to its original file of the Trial Court. iii) The petitioner is hereby directed to appear before the Trial Court on 04.08.2025 without awaiting further notice from the Trial Court. iv) The Trial Court shall permit the petitioner to take necessary steps for issuance of summons to the respondents-accused and proceed further in the matter in accordance with law. Ordered accordingly. Sd/- (S.R.KRISHNA KUMAR) JUDGE HR